  Redline Version of Proposed Revisions to 40 CFR 761 (PCB Regulations; NPRM)
      For the reasons set out in the preamble, EPA proposes to amend title 40, chapter I of the Code of Federal Regulations, part 761 as follows: 
PART 761 -- POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS
      1. In part 761, the authority citation continues to read as follows: 
         Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.
Subpart A -- General 
		2. In § 761.1, by revising paragraph (b)(3) to read as follows:
§ 761.1 Applicability 
		* * * * * 
		(b) * * * 
		(3) Most provisions in this part apply only if PCBs are present in concentrations above a specified level. Provisions that apply to PCBs at concentrations of < 50 ppm apply also to contaminated surfaces at PCB concentrations of <=< 10 μg/100 cm[2]. Provisions that apply to PCBs at concentrations of >= 50 to < 500 ppm apply also to contaminated surfaces at PCB concentrations of >>= 10 μg/100 cm[2] to < 100 μg/100 cm[2]. Provisions that apply to PCBs at concentrations of >= 500 ppm apply also to contaminated surfaces at PCB concentrations of >= 100 μg/100 cm[2].
		* * * * * 
		3. In § 761.3, by: 
		a. In the term "On site", removing "On site" and adding in its place "On-site";
		b. Adding the terms "As-found concentration", "CWA", "Director, Office Resource Conservation and Recovery", and "Emergency situation"; and 
		c. Revising the terms "Administrator", "Annual report", "ASTM", "NTIS", "Non-porous surface", and "SW-846".
The revisions read as follows:
§ 761.3 Definitions. 
      * * * * *
      Administrator means the Administrator of the Environmental Protection Agency, or any employee of the Agency to whom the Administrator may either herein or by order delegate their authority to carry out their functions, or any person who shall by operation of law be authorized to carry out such functions.
      * * * * *
      Annual report means the completed written document EPA Form 6200-025 submitted each year by each disposer and commercial storer of PCB waste to the Director, Office of Resource Conservation and Recovery. The annual report is a brief summary of the information included in the annual document log.
      * * * * *
      As-found concentration means the concentration measured in samples collected in-situ (i.e., prior to being moved or disturbed for cleanup and/or disposal) from environmental media or material, unless otherwise specifically provided. For example, soils must not be disturbed, nor may they be diluted (e.g., excavated, placed on a pile, and sampled after such placement) before characterization sampling is conducted. The as-found concentration is distinct from the source concentration, which is the concentration of the PCBs in the material that was originally spilled, released, or otherwise disposed of at the site.
      * * * * *   
      ASTM means ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428 - 2959.
      * * * * *
      CWA means Clean Water Act, also known as the Federal Waters Pollution Control Act Amendments of 1972 (33 U.S.C. 12-51-1387, amended ch.23 1151).
      * * * * *
      Director, Office Resource Conservation and Recovery means the Director of the Office of Resource Conservation and Recovery of the Office of Land and Emergency Management of the United States Environmental Protection Agency. Submissions to the Director shall be sent to 1200 Pennsylvania Ave. N.W., MC5303P, Washington, DC 20460.
      * * * * *
      Emergency situation means adverse conditions caused by manmade or natural incidents that threaten lives, property, or public health and safety; require prompt responsive action from the local, state, tribal, territorial, or federal government; and result in: (1) a declaration by either the President of the United States or Governor of the affected state of a natural disaster or emergency; or, (2) an incident funded under the Federal Emergency Management Agency (FEMA) via a Stafford Act disaster declaration or emergency declaration. Examples of emergency situations may include civil emergencies, hurricanes, tornados, or other similar adverse weather conditions. 
      * * * * *
      NTIS means the National Technical Information Service, 5285 Port Royal Rd., Springfield, VA 22161 1401 Constitution Ave NW, Washington, DC 20230, telephone: (703) 605-6060.
      * * * * *
      Non-porous surface means a smooth, unpainted solid surface that limits penetration of liquid containing PCBs beyond the immediate surface. Examples are: smooth uncorroded metal; natural gas pipe with a thin porous coating originally applied to inhibit corrosion; smooth glass; smooth glazed ceramics; impermeable polished building stone such as marble or granite; and medium- and high-density plastics, such as polycarbonates and melamines, that do not absorb solvents.
      * * * * *
      On-site means within the boundaries of a contiguous property unit.
      * * * * *
      SW-846 means the document having the title "SW-846, Test Methods for Evaluating Solid Waste: Physical/Chemical Methods," also known as the SW-846 Compendium, which is available online at https://www.epa.gov/hw-sw846. Hard copies can be obtained from either the National Technical Information Service (NTIS), U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161 1401 Constitution Ave NW, Washington, DC 20230, telephone: (703) 605-6060 (703) 487-4650.
      * * * * *
4. Section 761.19 is amended by revising paragraph (a) as follows:
§ 761.19 Incorporation by reference. 
      The materials listed in this section are incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the OPPT EPA Docket Center (EPA/DC), Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC 20460 - 0001, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html. 
      (a) ASTM materials. Copies of these materials may be obtained from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428 - 2959, or by calling (877) 909 - ASTM, or at http://www.astm.org. 
      (1) ASTM D93-09, Standard Test Methods for Flash Point by Pensky-Martens Closed Tester, Approved December 15, 2009, IBR approved for §§ 761.71 and 761.75. 
       (2) ASTM D129-64, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), Reapproved 1978, IBR approved for § 761.71.
      (3) ASTM D240 - 87, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuel by Bomb Calorimeter, Approved May 1987, IBR approved for §761.71. 
      (4) ASTM D482 - 13, Standard Test Method for Ash from Petroleum Products, Approved June 2013, IBR approved for §761.71. 
      (5) ASTM D524 - 88, Standard Test Method for Ramsbottom Carbon Residue of Petroleum Products, Approved May 1988, IBR approved for §761.71. 
      (6) ASTM D808 - 87, Standard Test Method for Chlorine in New and Used Petroleum Products (Bomb Method), Approved October 1987, IBR approved for §761.71. 
      (7) ASTM D923 - 86, Standard Test Method for Sampling Electrical Insulating Liquids, Approved February 1986, IBR approved for §761.60. 
      (8) ASTM D923 - 89, Standard Methods of Sampling Electrical Insulating Liquids, Approved June 1989, IBR approved for §761.60. 
      (9) ASTM D1266 - 87, Standard Test Method for Sulfur in Petroleum Products (Lamp Method), Approved October 1987, IBR approved for §761.71. 
      (10) ASTM D1796 - 83, Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory Procedure), Reapproved 1990, IBR approved for §761.71. 
      (11) ASTM D2158 - 89, Standard Test Method for Residues in Liquified Petroleum (LP) Gases, Approved October 1989, IBR approved for §761.71. 
      (12) ASTM D2709 - 88, Standard Test Method for Water and Sediment in Distillate Fuels by Centrifuge, Approved March 1988, IBR approved for §761.71. 
(14) ASTM D2784 - 89, Standard Test Method for Sulfur in Liquified Petroleum Gases (Oxy-hydrogen Burner or Lamp), IBR approved for §761.71. 
      (13) ASTM D3278 - 96, Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus, Approved June 2011, IBR approved for §761.75. 
      (14) ASTM Standard D4059-00, Standard Test Method for Analysis of Polychlorinated Biphenyls in Insulating Liquids by Gas Chromatography, Approved December 2018, IBR approved for §761.60.
      (15) ASTM D3178 - 84, Standard Test Methods for Carbon and Hydrogen in the Analysis Sample of Coke and Coal, IBR approved for §761.71. ASTM D5373-16, Standard Test Methods for Determination of Carbon, Hydrogen and Nitrogen in Analysis Samples of Coal and Carbon in Analysis Samples of Coal and Coke, Approved September 2016, IBR approved for §761.71.
      (16) ASTM D8174-18, Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester, Approved March 2018, IBR approved for §761.75.
      (17) ASTM D8175-18, Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester, IBR approved for §§ 761.71 and 761.75.
      (18) ASTM E258 - 67, Standard Test Method for Total Nitrogen Inorganic Material by Modified KJELDAHL Method, Approved 1996, IBR approved for §761.71.
       (b) EPA material. Hard copies of these materials may be obtained from National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161, or by calling (800) 553-6847 or (703) 605-6000. Electronic copies of these materials may be obtained from https://www.epa.gov/cwa-methods and https://www.epa.gov/hw-sw846.
      (1) CWA Method 608.3, Organochlorine Pesticides and PCBs by GC/HSD, Approved December 2016, IBR approved for § 761.60.
      (2) CWA Method 1668C, Chlorinated Biphenyl Congeners in Water, Soil, Sediment, Biosolids, and Tissue by HRGC/HRMS, Approved April 2010, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      (3) SW-846 Method 3510C, Separatory Funnel Liquid-Liquid Extraction, Approved December 1996, IBR approved for §§ 761.61, 761.272, and 761.292.
      (4) SW-846 Method 3520C, Continuous Liquid-Liquid Extraction, Approved December 1996, IBR approved for §§ 761.61, 761.272, and 761.292.
      (5) SW-846 Method 3535A, Solid-Phase Extraction (SPE), Approved February 2007, IBR approved for §§ 761.61, 761.272, and 761.292.
       (6) SW-846 Method 3540C, Soxhlet Extraction, Approved December 1996, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      (7) SW-846 Method 3541, Automated Soxhlet Extraction, Approved September 1994, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      (8) SW-846 Method 3545A, Pressurized Fluid Extraction (PFE), Approved January 1998, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      (9) SW-846 Method 3546, Microwave Extraction, Approved February 2007, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
       (10) SW-846 Method 8082, Polychlorinated Biphenyls (PCBs) By Gas Chromatography, Approved December 1996, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      (11) SW-846 Method 8082A, Polychlorinated Biphenyls (PCBs) By Gas Chromatography, Approved February 2007, IBR approved for §§ 761.60, 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      (12) SW-846 Method 8275A, Semivolatile Organic Compounds (PAHs And PCBs) in Soils/Sludges and Solid Wastes Using Thermal Extraction/Gas Chromatography/Mass Spectrometry (TE/GC/MS), Approved December 1996, IBR approved for §§ 761.61, 761.253, 761.272, 761.292, 761.358, and 761.395.
      * * * * * 
Subpart B -- Manufacturing, Processing, Distribution in Commerce, and Use of PCBs and PCB Items
      5. In § 761.20, by revising paragraphs (e)(3)(ii)(B), (e)(4)(i), and (e)(4)(ii) as follows:
§ 761.20 Prohibitions and exceptions. 
      * * * * *
      (e) * * * 
      (3) * * *
      (ii) * * *
      (B) The burner will burn the used oil only in a combustion facility identified in paragraph (e)(1) of this section and identify the class of burner they qualify under.
      * * * * * 
      (4) * * * 
      (i) Marketers. Marketers who first claim that the used oil fuel contains no detectable PCBs must include among the records required by 40 CFR 279.72(b) and 279.74(b) and (c), copies of the analysis or other information documenting their claim, and they must include among the records required by 40 CFR 279.74(a) and (c) and 279.75, a copy of each certification notice received or prepared relating to transactions involving PCB-containing used oil.
      (ii) Burners. Burners must include among the records required by 40 CFR 279.65 and 279.66, a copy of each certification notice required by paragraph (e)(3)(ii) of this section that they send to a marketer.
      * * * * * 
      6. In § 761.30, by revising paragraph (i)(4) to read as follows:
§ 761.30 Authorizations. 
      * * * * * 
      (i) * * * 
      (4) Any person characterizing PCB contamination in natural gas pipe or natural gas pipeline systems must do so by analyzing organic liquids collected at existing condensate collection points in the pipe or pipeline system. The level of PCB contamination found at a collection point is assumed to extend to the next collection point downstream. Any person characterizing multi-phasic liquids must do so in accordance with § 761.1(b)(4); if no liquids are present and they choose, in their discretion, to characterize PCB contamination, the person they must use standard wipe samples in accordance with subpart M of this part.
      * * * 
      * * * * * 
Subpart C -- Marking of PCBs and PCB Items 
      * * * * * 
Subpart D -- Storage and Disposal
      7. In § 761.50, by revising paragraph (b)(3)(i)(A) to read as follows:
§ 761.50 Applicability. 
      * * * * * 
      (b) * * * 
      (3) * * * 
      (i) * * * 
      (A) Sites containing these wastes are presumed not to present an unreasonable risk of injury to health or the environment from exposure to PCBs at the site. However, the EPA Regional Administrator may inform the owner or operator of the site that there is reason to believe that spills, leaks, or other uncontrolled releases or discharges, such as leaching, from the site constitute ongoing disposal that may present an unreasonable risk of injury to health or the environment from exposure to PCBs at the site, and may require the owner or operator to generate data necessary to characterize the risk. If after reviewing any such data, the EPA Regional Administrator makes a finding, that an unreasonable risk exists, then they may direct the owner or operator of the site to dispose of the PCB remediation waste in accordance with § 761.61 such that an unreasonable risk of injury no longer exists.
      (B) * * * 
      (ii) Any person responsible for PCB waste at as-found concentrations >= 50 ppm that was either placed in a land disposal facility, spilled, or otherwise released into the environment on or after April 18, 1978, but prior to July 2, 1979, where the concentration of the spill or release was >= 500 ppm; or placed in a land disposal facility, spilled, or otherwise released into the environment on or after July 2, 1979, where the concentration of the spill or release was >= 50 ppm, must dispose of it in accordance with either of the following: 
      * * * * *
      8. In § 761.60, by revising paragraphs (b)(2)(v)(C), (g)(1)(iii), and (g)(2)(ii) to read as follows:
§ 761.60 Disposal requirements.
      * * * * * 
      (b) * * *
      (2) * * * 
      (v) * * * 
      (C) There is other good cause shown. As part of this evaluation, the Assistant Administrator will consider the impact of their action on the incentives to construct or expand PCB incinerators.
      * * * * * 
      (g) * * * 
      (1) * * * 
      (iii) Unless otherwise specified in this part, any person conducting the chemical analysis of PCBs shall do so using gas chromatography. Any gas chromatographic method that is appropriate for the material being analyzed may be used, including EPA Method 608.3, "Organochlorine Pesticides and PCBs" at 40 CFR part 136, Appendix A;" EPA Method 8082A, "Polychlorinated Biphenyls (PCBs) by Capillary Column Gas Chromatography" of SW-846, "OSW Test Methods for Evaluating Solid Waste," which is available from NTIS; and ASTM Standard D4059-00, "Standard Test Method for Analysis of Polychlorinated Biphenyls in Insulating Liquids by Gas Chromatography," which is available from ASTM (all standards incorporated by reference in §761.19).
      (2) * * *
      (ii) For purposes of complying with the marking and disposal requirements, representative samples may be taken from either the common containers or the individual electrical equipment to determine the PCB concentration. Except, that if any PCBs at a concentration of 500 ppm or greater have been added to the container or equipment then the total container contents must be considered as having a PCB concentration of 500 ppm or greater for purposes of complying with the disposal requirements of this subpart. For purposes of this paragraph, representative samples of mineral oil dielectric fluid are either samples taken in accordance with ASTM D 923 - 86 or ASTM D 923 - 89 or samples taken from a container that has been thoroughly mixed in a manner such that any PCBs in the container are uniformly distributed throughout the liquid in the container (all standards incorporated by reference in §761.19).
   * * * * *
      9. In § 761.61, by revising paragraphs (a), (b), and (c)(1) to read as follows:
§ 761.61 PCB remediation waste. 
      * * * * * 
      (a) * * * 
      (3) * * *
      (ii) Within 30 calendar days of receiving the notification, the EPA Regional Administrator will respond in writing approving of the self-implementing cleanup, disapproving of the self-implementing cleanup, or requiring additional information. If the EPA Regional Administrator does not respond within 30 calendar days of receiving the notice, the person submitting the notification may assume that it is complete and acceptable and proceed with the cleanup according to the information the person provided to the EPA Regional Administrator and in compliance with all applicable requirements of § 761.61(a)(4) through (a)(9), provided that the notification contains all of the information required by § 761.61(a)(3)(i). Once cleanup is underway, the person conducting the cleanup must provide any proposed changes from the notification to the EPA Regional Administrator in writing no less than 14 calendar days prior to the proposed implementation of the change. The EPA Regional Administrator will determine in their discretion whether to accept the change, and will respond to the change notification verbally within 7 calendar days and in writing within 14 calendar days of receiving it. If the EPA Regional Administrator does not respond verbally within 7 calendar days and in writing within 14 calendar days of receiving the change notice, the person who submitted it may deem it complete and acceptable and proceed with the cleanup according to the information in the change notice provided to the EPA Regional Administrator and in compliance with all applicable requirements of § 761.61(a)(4) through (a)(9).
      * * *
      (5) * * * 
      (i) * * *
      (B) * * *
      (2) * * *
      (iv) The generator must provide written notice, including the quantity to be shipped and highest concentration of PCBs(using either SW-846 extraction EPA Method 3500B/3540C, Method 3541, Method 3545A, or Method 3546 Method 3500B/3550B followed by chemical analysis using SW-846 determinative Method 8082, Method 8082A, Method 8275A, or CWA Test Method 1668C, or methods validated under subpart Q of this part) at least 15 days before the first shipment of bulk PCB remediation waste from each cleanup site by the generator, to each off-site facility where the waste is destined for an area not subject to a TSCA PCB Disposal Approval.  The generator must select applicable method(s) from the following list to extract PCBs and determine the PCB concentration from individual and composite samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C, Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all standards incorporated by reference in §761.19). Modifications to the methods listed in this paragraph or alternative methods not listed may be used if validated under Subpart Q of this part or authorized in a § 761.61(c) approval.
      * * * 
      * * * 
      * * * 
      * * * 
      (7) Cap requirements. A cap means, when referring to on-site cleanup and disposal of PCB remediation waste, a uniform placement of concrete, asphalt, or similar material of minimum thickness spread over the area where remediation waste was removed or left in place in order to prevent or minimize human exposure, infiltration of water, and erosion. Any person designing and constructing a cap must do so in accordance with § 264.310(a) of this chapter, and ensure that it complies with the permeability, sieve, liquid limit, and plasticity index parameters in § 761.75(b)(1)(ii) through (b)(1)(v). A cap of compacted soil shall have a minimum thickness of 25 cm (10 inches). A concrete or asphalt cap shall have a minimum thickness of 15 cm (6 inches). A cap must be of sufficient strength to maintain its effectiveness and integrity during the use of the cap surface which is exposed to the environment. A cap shall not be contaminated at a level >=1 ppm PCB per AroclorTM (or equivalent) or per congener. Repairs shall begin within 72 hours of discovery for any breaches which would impair the integrity of the cap.
      (8) Deed restrictions for caps, fences and low occupancy areas. When a cleanup activity conducted under this section includes the use of a fence or a cap, the owner of the site must maintain the fence or cap, in perpetuity. In addition, whenever a fence, a cap, or the procedures and requirements for a low occupancy area, is used, the owner of the site must meet the following conditions:
      (i) * * * 
      (A) Record, in accordance with State law, a notation on the deed to the property, or on some other instrument which is normally examined during a title search, that will in perpetuity notify any potential purchaser of the property, as applicable: 
      (1) That the land, or a specific portion thereof, has been used for PCB remediation waste disposal and, when applicable, that the area is restricted to use as a low occupancy area as defined in § 761.3. 
      (2) Of the existence of the fence or cap and the requirement to maintain the fence or cap. 
      (3) The applicable cleanup levels left at the site, inside the fence, and/or under the cap. 
      (B) Submit a certification, signed by the owner, that they have recorded the notation specified in paragraph (a)(8)(i)(A) of this section to the EPA Regional Administrator. 
      (ii) The owner of a site being cleaned up under this section may remove a fence, or cap, or low occupancy designation after conducting additional cleanup activities and achieving cleanup levels, specified in paragraph (a)(4) of this section, which do not require a cap or fence, cap, or low occupancy designation. The owner may remove the notice on the deed no earlier than 30 days after achieving the cleanup levels specified in this section which do not require a fence, or cap, or low occupancy designation. 
      * * * 
      * * * 
      (b) Performance-based cleanup and disposal. Any person may clean up and dispose of PCB remediation waste at a site in full compliance with the performance-based cleanup provisions of paragraph (1) and disposal provisions of paragraph (2). Alternatively, any person may dispose of PCB remediation waste in accordance with paragraph (2), but such disposal does not relieve the site owner of cleanup and disposal obligations for any PCBs that remain on-site if the provisions of paragraph (1) are not complied with. 
      (1) Performance-based cleanup of PCB remediation waste.
      (i) Applicability. (A) The performance-based cleanup option may not be used to clean up:
      (1) Surface or ground waters.
      (2) Sediments in marine and freshwater ecosystems.
      (3) Sewers or sewage treatment systems.
      (4) Any private or public drinking water sources or distribution systems.
      (5) Grazing or agricultural lands.
      (6) Vegetable gardens.
      (7) Sites which are adjacent to, contain, or are proposed to be redeveloped to contain: residential dwellings, hospitals, schools, nursing homes, playgrounds, parks, day care centers, endangered species habitats, estuaries, wetlands, national parks, national wildlife refuges, commercial fisheries, sport fisheries, or surface waters.
      (8) Sites where the PCB contamination is in the 100-year floodplain.  
      (B) The performance-based cleanup provisions shall not be binding upon cleanups conducted under other authorities, including but not limited to, actions conducted under section 104 or section 106 of CERCLA, or section 3004(u) and (v) or section 3008(h) of RCRA.
      (ii) Cleanup level. All on-site PCB remediation waste above the following cleanup levels must be disposed of or decontaminated in accordance with paragraph (2).
      (A) The cleanup level for bulk PCB remediation waste and porous surfaces is <= 1 ppm PCBs.
      (B) The cleanup levels for liquids are the concentrations specified in §§ 761.79(b)(1) and (b)(2).
      (C) The cleanup levels for nonporous surfaces are the concentrations specified in § 761.79(b)(3).
      (iii) Verification sampling. Verification sampling for bulk PCB remediation waste and porous surfaces must be conducted in accordance with Subpart O. Verification sampling for nonporous surfaces must be conducted in accordance with Subpart P. Verification sampling for liquid PCB remediation waste must be conducted in accordance with § 761.269. When analysis of each sample results in a measurement of PCBs less than or equal to the levels specified in paragraph (ii) of this section, on-site performance-based cleanup is complete.
      (iv) Recordkeeping. Recordkeeping is required in accordance with § 761.125(c)(5).
      (v) Cleanup Completion Notification. Within 14 days of sending the final shipment of waste offsite for disposal from a site cleaned up under (b)(1) of this section, the person in charge of the cleanup or the owner of the property where the PCB remediation waste was located shall notify, in writing, the EPA Regional Administrator, the Director of the State or Tribal environmental protection agency, and the Director of the county or local environmental protection agency where the cleanup was conducted. EPA may require additional on-site cleanup upon finding that the cleanup level(s) in (b)(1)(ii) of this section have not been met. The notification shall include: 
      (A) Site identification information, including the site address and the name, phone number, and email address of the site contact;
      (B) Disposal facility and shipment information, including the disposal facility's name and address, the manifest tracking number(s), and the quantity of waste shipped;
      (C) A summary of all applicable components of the records in § 761.125(c)(5); and 
      (D) A certification using the language in § 761.3.
      (2) Performance-based disposal.
      (i) Any person disposing of liquid PCB remediation waste under this subsection shall do so according to § 761.60(a) or (e), or decontaminate it in accordance with § 761.79.
      (ii) Any person disposing of non-liquid PCB remediation waste under this subsection shall do so by one of the following methods: 
      (A) Dispose of it in a high temperature incinerator approved under § 761.70(b), an alternate disposal method approved under § 761.60(e), a chemical waste landfill approved under § 761.75, or in a facility with a coordinated approval issued under § 761.77, or a hazardous waste landfill permitted by EPA under section 3005 of RCRA, or by a state authorized under section 3006 of RCRA. 
      (B) Decontaminate it in accordance with § 761.79.
      (iii) Any person may manage or dispose of material containing <50 ppm PCBs that has been dredged or excavated from waters of the United States: 
      (A) In accordance with a permit that has been issued under section 404 of the Clean Water Act, or the equivalent of such a permit as provided for in regulations of the U.S. Army Corps of Engineers at 33 CFR part 320. 
      (B) In accordance with a permit issued by the U.S. Army Corps of Engineers under section 103 of the Marine Protection, Research, and Sanctuaries Act, or the equivalent of such a permit as provided for in regulations of the U.S. Army Corps of Engineers at 33 CFR part 320.
      * * *
       (c) Risk-based cleanup and disposal approval. (1) Any person wishing to sample, extract, analyze, cleanup, or dispose of PCB remediation waste in a manner other than prescribed in paragraphs (a) or (b) of this section, or store PCB remediation waste in a manner other than prescribed in § 761.65, must apply in writing to the Regional Administrator in the Region where the sampling, extraction, analysis, cleanup, disposal, or storage site is located, for sampling, extraction, analysis, cleanup, disposal, or storage occurring in a single EPA Region; or to the Director, Office of Resource Conservation and Recovery, for sampling, extraction, analysis, cleanup, disposal, or storage occurring in more than one EPA Region. Each application must include information described in the notification required by paragraph (a)(3) of this section. EPA may request other information that it believes necessary to evaluate the application. No person may conduct cleanup activities under this paragraph prior to obtaining written approval by EPA.
      * * * * * 
      10. In § 761.62, by revising paragraphs (c) and (d), which read as follows:
§ 761.62 Disposal of PCB bulk product waste. 
      * * * * *
      (c) * * *
      (1) Any person wishing to sample, extract, analyze, or dispose of PCB bulk product waste in a manner other than prescribed in paragraphs (a) or (b) of this section, or store PCB bulk product waste in a manner other than prescribed in § 761.65, must apply in writing to the Regional Administrator in the Region where the sampling, extraction, analysis, disposal, or storage site is located, for sampling, extraction, analysis, disposal, or storage occurring in a single EPA Region; or to the Director, Office of Resource Conservation and Recovery, for sampling, extraction, analysis, disposal, or storage occurring in more than one EPA Region. Each application must contain information indicating that, based on technical, environmental, or waste-specific characteristics or considerations, the proposed sampling, extraction, analysis, disposal, or storage methods or locations will not pose an unreasonable risk or injury to health or the environment. EPA may request other information that it believes necessary to evaluate the application. No person may conduct sampling, extraction, analysis, disposal, or storage activities under this paragraph prior to obtaining written approval by EPA.
      * * * * *
      (d) Disposal as daily landfill cover or roadbed. Bulk product waste described in paragraph (b)(1) of this section may be disposed of: (1) as daily landfill cover as long as the daily cover remains in the landfill and is not released or dispersed by wind or other action.; or (2) Under asphalt as part of a road bed.
      * * * * * 
   11. In § 761.65, by revising paragraphs (c)(9)(i), (c)(9)(iii), (g), and (h) to read as follows:
§ 761.65 Storage for Disposal. 
      * * * * * 
      (c) * * * 
      (9) * * * 
      (i) The waste is placed in a pile or non-leaking, covered container designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting.
      (ii) The waste must not generate leachate through decomposition or other reactions. 
      (iii) The storage site must have: 
      (A) A liner or container that is designed, constructed, and installed to prevent any migration of wastes off or through the liner or container into the adjacent subsurface soil, ground water or surface water at any time during the active life (including the closure period) of the storage site. The liner or container may be constructed of materials that may allow waste to migrate into the liner or container. The liner or container must be: 
      (1) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation. 
      (2) Placed upon a foundation or base capable of providing support to the liner or container and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift. 
      (3) In the case of liners, installed to cover all surrounding earth likely to be in contact with the waste. 
      (B) A cover that meets the requirements of paragraph (c)(9)(iii)(A) of this section, is installed to cover all of the stored waste likely to be in contacted with precipitation, and is secured so as not to be functionally disabled by winds expected under normal seasonal meteorological conditions at the storage site. 
      * * * * * 
      (g) Financial assurance for closure. A commercial storer of PCB waste shall establish financial assurance for closure of each PCB storage facility that they own or operate. In establishing financial assurance for closure, the commercial storer of PCB waste may choose from the following financial assurance mechanisms or any combination of mechanisms:
      (1) The "closure trust fund," as specified in §264.143(a) of this chapter, except for paragraph (a)(3) of §264.143 and except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. For purposes of this paragraph, the following provisions also apply: 
      * * * 
      (iv) The submission of a trust agreement with the wording specified in §264.151(a)(1) of this chapter, including any reference to hazardous waste management facilities, shall be deemed to be in compliance with the requirement to submit a trust agreement under this subpart except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. 
      (2) The "surety bond guaranteeing payment into a closure trust fund," as specified in §264.143(b) of this chapter, including the use of the surety bond instrument specified at §264.151(b) of this chapter and the standby trust specified at §264.143(b)(3) of this chapter except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. The use of the surety bonds, surety bond instruments, and standby trust agreements specified in §§264.143(b) and 264.151(b) of this chapter shall be deemed to be in compliance with this subpart. 
      (3)(i) The "surety bond guaranteeing performance of closure," as specified at §264.143(c) of this chapter, except for paragraph (c)(5) of §264.143 of this chapter and except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. The submission and use of the surety bond instrument specified at §264.151(c) of this chapter and the standby trust specified at §264.143(c)(3) of this chapter shall be deemed to be in compliance with the requirements under this subpart relating to the use of surety bonds and standby trust funds. 
      (ii) * * * 
      (4)(i) The "closure letter of credit" specified in § 264.143(d) of this chapter, except for paragraph (d)(8) and except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. The submission and use of the irrevocable letter of credit instrument specified in §264.151(d) of this chapter and the standby trust specified in §264.143(d)(3) of this chapter shall be deemed to be in compliance with the requirements of this subpart relating to the use of letters of credit and standby trust funds. 
      (ii) * * * 
      (5) "Closure insurance," as specified in §264.143(e) of this chapter, utilizing the certificate of insurance for closure specified at §264.151(e) of this chapter except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. The use of closure insurance as specified in §264.143(e) of this chapter and the submission and use of the certificate of insurance specified in §264.151(e) of this chapter shall be deemed to be in compliance with the requirements of this subpart relating to the use of closure insurance. 
      (6) The "financial test and corporate guarantee for closure," as described in §264.143(f) of this chapter except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA, including a letter signed by the owner's or operator's chief financial officer as specified at §264.151(f) of this chapter and, if applicable, the written corporate guarantee specified at §264.151(h) of this chapter. The use of the financial test and corporate guarantee specified in §264.143(f) of this chapter, the submission and use of the letter specified in §264.151(f) of this chapter, and the submission and use of the written corporate guarantee specified at §264.151(h) of this chapter shall be deemed to be in compliance with the requirements of this subpart relating to the use of financial tests and corporate guarantees. 
      (7) The corporate guarantee as specified in §264.143(f)(10) of this chapter except when the Regional Administrator specifies modifications for the purposes of implementation under TSCA. 
      * * * 
      (h) Release of owner or operator. Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, EPA will notify the owner or operator in writing that the owner or operator is no longer required by this section to maintain financial assurance for final closure of the facility, unless EPA has reason to believe that final closure has not been completed in accordance with the approved closure plan. EPA shall provide the owner or operator with a detailed written statement stating the reasons why EPA shall provide the owner or operator with a detailed written statement stating the reasons why they EPA believed closure was not conducted in accordance with the approved closure plan.
      * * * * * 
   12. By adding §761.66 to subpart D to read as follows:
§ 761.66 Emergency Situations
      This section establishes procedures that may be used for purposes of the cleanup and/or disposal of PCB waste resulting from PCB releases caused by an emergency situation as defined in § 761.3. This section allows the request of a waiver of any of the requirements in §§ 761.60, 761.61, 761.62, or 761.65. This section does not prohibit any person from implementing temporary emergency measures to prevent, treat, or contain further releases or mitigate migration to the environment of PCBs or PCB remediation waste. 
      (a) Applicability. This section may only be applied to the cleanup and/or disposal of PCB waste resulting from PCB releases that are caused by an emergency situation as defined in § 761.3. 
      (b) Waiver Request. Any person intending or planning to sample, extract, analyze, clean up, store, and/or dispose of PCBs under this section shall submit a waiver request to the Regional Administrator in the EPA Region where the sampling, extraction, analysis, cleanup, storage, and/or disposal is, or will be, located, in writing and/or by email no later than seven (7) days after discovery of the release or implementation of any temporary emergency measures, as applicable. If the sampling, extraction, analysis, cleanup, storage, or disposal activities in the waiver request would be conducted in more than one Region, then the waiver request must be submitted, in its entirety, to the Regional Administrators for all affected Regions.
      (1) This request shall include:
      (i) The contact information for the person requesting the waiver. 
      (ii) Location(s) of the release(s). 
      (iii) The type(s) of material(s) that are contaminated and the source of the release, if known. 
      (iv) The as-found PCB concentrations in the PCB waste, unless the materials are being managed as if they contain >= 500 ppm PCBs. If actual PCB concentrations have not yet been determined, then estimated concentrations may be provided in the request. Actual PCB concentrations shall be determined before disposal activities commence, unless the waste is being managed as if it contains >= 500 ppm PCBs.
      (v) The provisions of §§ 761.60, 761.61, 761.62, or 761.65 that the person requests to waive or modify (or to use alternative procedures for) and an explanation of why compliance with the existing provisions would be impracticable as a result of the emergency situation. 
      (vi) The plan for how sampling, extraction, analysis, storage, cleanup, and/or disposal of the PCB waste would be conducted if the relief described in (v) of this section were granted. The plan shall provide information to support how the actions described in the plan do not pose an unreasonable risk of injury to health or the environment. This plan shall be based on the as-found PCB concentrations in the materials unless waste is being managed as if it contained PCBs >= 500 ppm. 
      (vii) Whether or not the PCB waste is near, or likely to impact, surface waters, ground waters, drinking water sources or distribution systems, wells, sediments, sewers or sewage treatment systems, grazing lands, vegetable gardens, residential dwellings, hospitals, schools, nursing homes, playgrounds, parks, day care centers, endangered species habitats, estuaries, wetlands, national parks, national wildlife refuges, commercial fisheries, or sport fisheries and how those areas and potential impacts will be addressed. 
      (2) To make changes to submitted information described in (1) of this paragraph, the requestor shall submit the new information to the EPA Regional Administrator(s) in writing and/or by email. 
      (c) Approval of waiver requests. The EPA Regional Administrator may approve the waiver request, request additional information, approve the waiver request with specified changes or additional conditions, or deny the waiver request, in writing, by telephone, or by email. An approval, with or without changes or conditions, shall be based on the Regional Administrator's finding that the compliance with the regulatory requirements from which a waiver is sought is impracticable and that the action approved under the waiver will not pose an unreasonable risk of injury to health or the environment. At any point, the EPA may require additional sampling, extraction, analysis, cleanup, storage, and/or disposal requirements, or require the requestor to delay acting on their proposed plan, in order to ensure the actions will not pose an unreasonable risk of injury to health or the environment.
      (d) Sampling, extraction, analysis, cleanup, storage, and disposal activities as described in the waiver request may begin after the EPA Regional Administrator responds with approval of the waiver request. All sampling, extraction, analysis, cleanup, storage, and disposal activities shall be conducted in compliance with the terms of the approval and all applicable provisions §§ 761.60, 761.61, 761.62, and 761.65 not expressly waived by the approval. 
      (e) Sampling, extraction, analysis, cleanup, storage, and disposal activities conducted under this section shall be based on the as-found concentration of the PCB waste unless the materials are being managed as if they contain >= 500 ppm PCBs. 
      (f) Records, manifests, and certification. Recordkeeping and certification are required in accordance with § 761.125(c)(5). The manifesting and reporting requirements in Subpart K apply to waste disposed of under this section. However, if the person requesting a waiver has not previously submitted a notification of PCB activity as described in § 761.205 and the requirements of § 761.205 specify that such notification is required for the cleanup, storage, and/or disposal activity, the requestor shall submit the notification within ten (10) business days of their waiver request. The requestor does not have to wait to obtain their EPA identification number before initiating cleanup and/or disposal activities described in their waiver request. While waiting for their identification number, the requestor may use the generic identification "40 CFR PART 761" in lieu of an EPA identification number on manifests for PCB waste. The requestor may alternatively use an EPA identification number they previously obtained from the EPA or a state under RCRA, if they have one. Once the requestor receives an EPA identification number, they shall use it on manifests for PCB waste.
      * * * * *
   13. In § 761.70, by revising paragraph (d)(4)(i) to read as follows:
§ 761.70 Incineration.
      * * * * * 
      (d) * * * 
      (4) * * *
      (i) Except as provided in paragraph (d)(5) of this section, the Regional Administrator or the appropriate official at EPA Headquarters may not approve an incinerator for the disposal of PCBs and PCB Items unless they find that the incinerator meets all of the requirements of paragraphs (a) and/or (b) of this section.
      * * * * *
   14. In § 761.71, by revising paragraph (b)(2)(iv) and (b)(2)(vi) to read as follows:
§ 761.71 High efficiency boilers.
      * * * * * 
      (b) * * * 
      (2) * * * 
      (iv) The type of equipment, apparatus, and procedures to be used to control the feed of PCB liquids to the boiler and to monitor and record the carbon monoxide concentration and excess oxygen percentage in the stack.
      * * * 
      (vi) The concentration of PCBs and of any other chlorinated hydrocarbon in the waste and the results of analyses using the ASTM International methods as follows: Carbon and hydrogen content using ASTM D5373-16 D3178 - 84, nitrogen content using ASTM E258 - 67 (Reapproved 1987) or ASTM D5373-16, sulfur content using ASTM D2784 - 89, ASTM D1266 - 87, or ASTM D129 - 64 (Reapproved 1978), chlorine content using ASTM D808 - 87, water and sediment content using either ASTM D2709 - 88 or ASTM D1796 - 83 (Reapproved 1990), ash content using ASTM D482 - 87, calorific value using ASTM D240 - 87, carbon residue using either ASTM D2158 - 89 or ASTM D524 - 88, and flash point using ASTM D93 - 09, ASTM D-8174-18, or ASTM D-8175-18 (all standards incorporated by reference in §761.19). 
      * * * * * 
   15. In § 761.75, by revising paragraphs (b)(8)(iii) and (c)(3)(i) to read as follows:
§ 761.75 Chemical waste landfills.
      * * * * * 
      (b) * * * 
      (8) * * * 
 (iii) Ignitable wastes shall not be disposed of in chemical waste landfills. Liquid ignitable wastes are wastes that have a flash point less than 60 degrees C (140 degrees F) as determined by the following method or an equivalent method: Flash point of liquids shall be determined by a Pensky-Martens Closed Cup Tester, using the protocol specified in ASTM D93 - 09 or ASTM D8175-18, a Small Scale Closed Cup Tester, using the protocol specified in ASTM D3278 - 96 (Reapproved 2011) or ASTM D8174-18, or the Setaflash Closed Tester using the protocol specified in ASTM Standard D3278 - 89 (all standards incorporated by reference in §761.19).
      * * * 
      (c) * * * 
      (3) * * *
      (i) Except as provided in paragraph (c)(4) of this section the Regional Administrator may not approve a chemical waste landfill for the disposal of PCBs and PCB Items, unless they find that the landfill meets all of the requirements of paragraph (b) of this section.
      * * * 
      (4) Waivers. An owner or operator of a chemical waste landfill may submit evidence to the Regional Administrator that operation of the landfill will not present an unreasonable risk of injury to health or the environment from PCBs when one or more of the requirements of paragraph (b) of this section are not met. On the basis of such evidence and any other available information, the Regional Administrator may in their discretion find that one or more of the requirements of paragraph (b) of this section is not necessary to protect against such a risk and may waive the requirements in any approval for that landfill. Any finding and waiver under this paragraph will be stated in writing and included as part of the approval.
      * * * * * 
   16. In § 761.77, by revising paragraphs (a)(1)(ii)(B), (a)(2), and (b) to read as follows:
§ 761.77 Coordinated approval.
      * * * * * 
      (a) * * * 
      (1) * * * 
      (ii) * * * 
      (B) Issue a letter granting or denying the TSCA PCB Coordinated Approval. If the EPA Regional Administrator grants the TSCA PCB Coordinated Approval, they may acknowledge the non-TSCA approval meets the regulatory requirements under TSCA as written, or require additional conditions the EPA Regional Administrator has determined are necessary to prevent unreasonable risk of injury to health or the environment.
      * * * 
      * * * 
      (2) The EPA Regional Administrator may issue a notice of deficiency, revoke the TSCA PCB Coordinated Approval, require the person to whom the TSCA PCB Coordinated Approval was issued to submit an application for a TSCA PCB approval, or bring an enforcement action under TSCA if they determines that:
      * * * 
      (b) Any person who owns or operates a facility that they intend to use to landfill PCB wastes; incinerate PCB wastes; dispose of PCB wastes using an alternative disposal method that is equivalent to disposal in an incinerator approved under §761.70 or a high efficiency boiler operating in compliance with §761.71; or stores PCB wastes may apply for a TSCA PCB Coordinated Approval. The EPA Regional Administrator may approve the request if the EPA Regional Administrator determines that the activity will not pose an unreasonable risk of injury to health or the environment and the person:
      * * * * *
   17. In § 761.79, by revising paragraph (h) to read as follows:
§ 761.79 Decontamination standards and procedures.
      * * * * * 
      (h) * * * 
      (3) Any person wishing to sample, extract, or analyze decontaminated material in a manner other than prescribed in paragraph (f) of this section must apply in writing to the Regional Administrator in the Region where the activity would take place, for decontamination activity occurring in a single EPA Region; or to the Director, Office of Resource Conservation and Recovery, for decontamination activity occurring in more than one EPA Region. Each application must contain a description of the material to be decontaminated, the nature and PCB concentration of the contaminating material (if known), the decontamination method, the proposed extraction, analysis, and/or sampling procedure, and a justification for how the proposed extraction, analysis, and/or sampling is equivalent to or more comprehensive than the extraction, analysis, and/or sampling procedure required under paragraph (f) of this section.
      * * * * * 
Subpart E -- Exemptions
      * * * * * 
Subpart F -- Transboundary Shipments of PCBs for Disposal
      * * * * * 
Subpart G -- PCB Spill Cleanup Policy
   18. In § 761.120, by revising paragraph (b)(2) and (c) to read as follows:
§ 761.120 Scope.
      * * * * * 
      (b) * * *
      (2) In those situations, the Regional Administrator may require cleanup in addition to that required under § 761.125(b) and (c). However, the Regional Administrator must first make a finding, based on the specific facts of a spill, that additional cleanup is necessary to prevent unreasonable risk. In addition, before making a final decision on additional cleanup, the Regional Administrator must notify the Director, Office of Resource Conservation and Recovery of their finding and the basis for the finding.
      * * *
      (c) Flexibility to allow less stringent or alternative requirements. (1) EPA retains the flexibility to allow less stringent or alternative decontamination measures based upon site-specific considerations. EPA will exercise this flexibility if the responsible party demonstrates that cleanup to the numerical decontamination levels is clearly unwarranted because of risk-mitigating factors, that compliance with the procedural requirements or numerical standards in the policy is impracticable at a particular site, or that site-specific characteristics make the costs of cleanup prohibitive. The Regional Administrator will notify the Director, Office of Resource Conservation and Recovery of any decision and the basis for the decision to allow less stringent cleanup. The purpose of this notification is to enable the Director, Office of Resource Conservation and Recovery to ensure consistency of spill cleanup standards under special circumstances across the regions.
      (2) In emergency situations, as defined in § 761.123, the following provisions of this Policy are hereby modified as follows:
      (i) For spills caused by emergency situations, responsible parties may use the as-found concentrations in the spill materials when determining whether to manage the spill under § 761.125(b) or (c) of this Policy when it is not possible to readily determine the spill source concentration at a site. 
      (ii) For spills caused by emergency situations, the applicable notifications in § 761.125(a)(1) must be submitted as soon as possible, but no later than seven (7) days after the adverse conditions that prevented notification have ended. 
      * * * * * 
   19. In § 761.123, by:
      a. Adding the term "Emergency situation"; and
      b. Revising the terms "Other restricted access (nonsubstation) locations" and "Spill".
      The revisions read as follows:
§ 761.123 Definitions.
      * * * * *
      Emergency situation means adverse conditions caused by manmade or natural incidents that threaten lives, property, or public health and safety; require prompt responsive action from the local, state, tribal, territorial, or federal government; and result in: (1) a declaration by either the President of the United States or Governor of the affected state of a natural disaster or emergency; or, (2) an incident funded under FEMA via a Stafford Act disaster declaration or emergency declaration. Examples of emergency situations may include civil emergencies, hurricanes, tornados, or other similar adverse weather conditions. 
      * * * 
      Other restricted access (nonsubstation) locations means areas other than electrical substations that are at least 0.1 kilometer (km) from a residential/commercial area and limited by man-made barriers (e.g., fences and walls) to or substantially limited by naturally occurring barriers such as mountains, cliffs, or rough terrain. These areas generally include industrial facilities and extremely remote rural locations. (Areas where access is restricted but are less than 0.1 km from a residential/commercial area are considered to be residential/commercial areas.)
      * * * 
      Spill means both intentional and unintentional spills, leaks, and other uncontrolled discharges where the release results in any quantity of PCBs running off or about to run off the external surface of the equipment or other PCB source, as well as the contamination resulting from those releases. This policy applies to spills of 50 ppm or greater PCBs. The concentration of PCBs spilled is determined by the PCB concentration in the material spilled as opposed to the concentration of PCBs in the material onto which the PCBs were spilled, except where authorized in § 761.120(c). Where a spill of untested mineral oil occurs, the oil is presumed to contain greater than 50 ppm, but less than 500 ppm PCBs and is subject to the relevant requirements of this policy.
      * * * * *
   20. In § 761.125, by revising paragraphs (c)(3)(iii), and (c)(4)(iv) to read as follows:
§ 761.125 Requirements for PCB spill cleanup.
      * * * * *
      (c) * * * 
      (3) * * * 
      (iii) At the option of the responsible party, low-contact, indoor, nonimpervious surfaces will be cleaned either to 10 μg/100 cm[2] or to 100 μg/100 cm[2] and encapsulated. The Regional Administrator, however, retains the authority to disallow the encapsulation option for a particular spill situation upon finding that the uncertainties associated with that option pose special concerns at that site. That is, the Regional Administrator would not permit encapsulation if they determine that if the encapsulation failed the failure would create an imminent hazard at the site.
      * * * 
      (4) * * *
      (iv) At the option of the responsible party, low-contact, outdoor, nonimpervious solid surfaces shall be either cleaned to 10 μg/100 cm[2] or cleaned to 100 μg/100 cm[2] and encapsulated. The Regional Administrator, however, retains the authority to disallow the encapsulation option for a particular spill situation upon finding that the uncertainties associated with that option pose special concerns at that site. That is, the Regional Administrator would not permit encapsulation if they determine that if the encapsulation failed the failure would create an imminent hazard at the site.
      * * * * *
   21. In § 761.130, by revising paragraph (e) to read as follows:
§ 761.130 Sampling requirements.
      * * * * * 
      (e) EPA recommends the use of a sampling scheme developed by the Midwest Research Institute (MRI) for use in enforcement inspections: "Verification of PCB Spill Cleanup by Sampling and Analysis." Guidance for the use of this sampling scheme is available in the MRI report "Field Manual for Grid Sampling of PCB Spill Sites to Verify Cleanup." Both the MRI sampling scheme and the guidance document are available on EPA's PCB Web site at http://www.epa.gov/pcbs, or from the Program Implementation and Information Division, Office of Resource Conservation and Recovery (5303P), 1200 Pennsylvania Ave., NW., Washington, DC 20460 - 0001. The major advantage of this sampling scheme is that it is designed to characterize the degree of contamination within the entire sampling area with a high degree of confidence while using fewer samples than any other grid or random sampling scheme. This sampling scheme also allows some sites to be characterized on the basis of composite samples. 
      * * * * * 
Subpart J -- General Records and Reports
   22. In § 761.180, by revising paragraphs (b)(3) and (b)(4) to read as follows:
§ 761.180 Records and monitoring.
      * * * * * 
      (b) * * * 
      (3) The owner or operator of a PCB disposal facility (including an owner or operator who disposes of his/her own waste and does not receive or generate manifests) or a commercial storage facility shall submit an annual report using EPA Form XXXX-YY, which briefly summarizes the records and annual document log required to be maintained and prepared under paragraphs (b)(1) and (b)(2) of this section to the Director, Office Resource Conservation and Recovery at the address listed on the form, by July 15 of each year, beginning with July 15, 1991. The first annual report submitted on July 15, 1991, shall be for the period starting February 5, 1990, and ending December 31, 1990. The annual report shall contain no confidential business information. The annual report shall consist of the information listed in paragraphs (b)(3)(i) through (b)(3)(vi) of this section.
      * * * 
      (ii) [Reserved]
      * * * 
      (4) Whenever a commercial storer of PCB waste accepts PCBs or PCB Items at their storage facility and transfers the PCB waste off-site to another facility for storage or disposal, the commercial storer of PCB waste shall initiate a manifest under subpart K of this part for the transfer of PCBs or PCB Items to the next storage or disposal facility.
      * * * * * 
Subpart K -- PCB Waste Disposal Records and Reports
23. In § 761.205, by revising paragraphs (a)(3) and (d) to read as follows:
§ 761.205 Notification of PCB waste activity (EPA Form 7710-53).
      (a) * * * 
      (3) Any person required to notify EPA under this section shall file with EPA Form 7710 - 53. Copies of EPA Form 7710 - 53 are available on EPA's Web site at http://www.epa.gov/pcbs, or from the Program Implementation and Information Division, Office of Resource Conservation and Recovery (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 - 0001 ATTN: PCB Notification. Descriptive information and instructions for filling in the form are included in paragraphs (a)(4)(i) through (vii) of this section.
      (4) * * * 
      (v) The facility's installation contact, and telephone number, and email address.
      * * * 
      (d) Persons required to notify under this section shall file EPA Form 7710 - 53 with EPA by mailing the form to the following address listed on the form.: Document Control Officer, Office of Resource Conservation and Recovery (5305P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460."
      * * * * * 
   24. In § 761.207, by revising paragraphs (a) and (c) to read as follows:
§ 761.207 The manifest  -  general requirements.
      (a) A generator who transports, or offers for transport PCB waste for commercial off-site storage or off-site disposal, and commercial storage or disposal facility who offers for transport a rejected load of PCB waste, must prepare a manifest on EPA Form 8700 - 22, and, if necessary, a continuation sheet, according to the instructions included in the appendix of 40 CFR Part 262. The generator shall specify:  
      (1) For each bulk load of PCBs, the identity of the PCB waste, the earliest date of removal from service for disposal, and the weight in kilograms of the PCB waste. (Item 14 -- Special Handling Instructions box) 
      (2) For each PCB transformer, the serial number if available, or other identification if there is no serial number; the date of removal from service for disposal; and weight in kilograms of the PCB waste in each PCB transformer. (Item 14 -- Special Handling Instructions box) 
      (3) For each PCB Large High or Low Voltage Capacitor, the serial number if available, or other identification if there is no serial number; the date of removal from service for disposal; and weight in kilograms of the PCB waste in each PCB Large High or Low Voltage Capacitor. (Item 14 -- Special Handling Instructions box)
      (4) For each PCB Article Container or PCB Container, the unique identifying number, type of PCB waste (e.g., small capacitors), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste contained therein. (Item 14 -- Special Handling Instructions box)
      (3) For each PCB Article not in a PCB Container or PCB Article Container, the serial number if available, or other identification if there is no serial number, the date of removal from service for disposal, and weight in kilograms of the PCB waste in each PCB Article.
      (5) For each PCB Container, the unique identifying number, type of PCB waste (e.g., soil, debris, small capacitors), earliest date of removal from service for disposal, and weight in kilograms of the PCB waste contained therein. (Item 14 -- Special Handling Instructions box)
      * * * 
      NOTE 2 TO PARAGRAPH (a): PCB waste handlers should use the Part 262 appendix EPA Form 8700-22 instructions as a guide, but should defer to the Part 761 manifest regulations whenever there is any difference between the Part 761 requirements and the instructions in the appendix to Part 262. The differences should be minimal.
      * * *
      (c) A generator may also designate on the manifest one alternate facility which is approved to handle their PCB waste in the event an emergency prevents delivery of the waste to the primary designated facility.
      * * * * * 
   25. In § 761.212, by revising paragraph (a) to read as follows:
§ 761.212 Transporter compliance with the manifest.
      * * * * * 
      (a) The transporter must deliver the entire quantity of PCB waste which they have accepted from a generator or a transporter to:
      * * * * * 
   26. In § 761.213, by revising paragraphs (a)(2) and (b) to read as follows:
§ 761.213 Use of the manifest-Commercial storage and disposal facility requirements.
      (a) * * * 
      (2) If a commercial storage or disposal facility receives an off-site shipment of PCB waste accompanied by a manifest, the owner or operator, or their agent, shall: 
      * * * 
      (b) If a commercial storage or disposal facility receives, from a rail or water (bulk shipment) transporter, PCB waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or their agent, must:
      * * * * * 
   27. In § 761.214, by revising paragraph (a) to read as follows:
§ 761.214 Retention of manifest records.
      (a)(1) A generator must keep a copy of each manifest signed in accordance with §761.210(a) for three years or until they receive a signed copy from the designated facility which received the PCB waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter. A generator subject to annual document requirements under §761.180 shall retain copies of each manifest for the period required by §761.180(a).
   28. In § 761.216, by revising paragraph (a) to read as follows:
§ 761.216 Unmanifested waste report.
      * * * * * 
      (a) If a facility accepts for storage or disposal any PCB waste from an offsite source without an accompanying manifest, or without an accompanying shipping paper as described by §761.211(e), and the owner or operator of the commercial storage or disposal facility cannot contact the generator of the PCB waste, then they shall notify the Regional Administrator of the EPA region in which their facility is located of the unmanifested PCB waste so that the Regional Administrator can determine whether further actions are required before the owner or operator may store or dispose of the unmanifested PCB waste, and additionally the owner or operator must prepare and submit a letter to the Regional Administrator within 15 days after receiving the waste. The unmanifested waste report must contain the following information:
      * * * 
      (6) Signature of the owner or operator of the facility or their authorized representative; and
      * * * * * 
   29. In § 761.217, by revising paragraph (a)(2)(ii) to read as follows:
§ 761.217 Exception reporting.
      * * * * * 
      (a) * * *
      (2) * * *
      (ii) A cover letter signed by the generator or their authorized representative explaining the efforts taken to locate the PCB waste and the results of those efforts. 
      * * * * * 
Subpart M -- Determining a PCB Concentration for Purposes of Abandonment or Disposal of Natural Gas Pipeline: Selecting Sites, Collecting Surface Samples, and Analyzing Standard PCB Wipe Samples
   30. In § 761.243, by revising paragraph (a) to read as follows:
§ 761.243 Standard wipe sample method and size.
      (a) Collect a surface sample from a natural gas pipe segment or pipeline section using a standard wipe test as defined in § 761.123. Detailed guidance for the entire wipe sampling process appears in the document entitled, "Wipe Sampling and Double Wash/ Rinse Cleanup as Recommended by the Environmental Protection Agency PCB Spill Cleanup Policy," dated June 23, 1987 and revised on April 18, 1991. This document is available on EPA's Web site at http://www.epa.gov/pcbs, or from the Program Implementation and Information Division, Office of Resource Conservation and Recovery (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 - 0001.
      * * * * * 
   31. In § 761.247, by revising paragraph (b)(2)(ii)(B)(2) to read as follows:
§ 761.247 Sample site selection for pipe segment removal.
      (b) * * * 
      (2) * * * 
      (ii) * * * 
      (B) * * * 
(2) Divide the total number of segments in a pipeline, save one, by six. The resulting number is the interval between the segments you will sample. Do not round this interval. For example, cut a 2.9-mile length of pipeline into segments of no more than 40 feet by first, dividing 2.9 miles (15,312 feet) by 40 feet per segment, resulting in 382.8 total segments. Do not round this result. Subtract 1 from the total number of segments and then divide the remaining number of segments, 381.8, by six. The resulting number in this example is 63.6. Do not round. Add 63.6 to the first segment (number 1) to select segment 64.6. Next, add 63.6 to 64.6 to select segment 128.3. Continue in this fashion to select all seven segments: 1, 64.6, 128.3, 191.9, 255.5, 319.2, and 382.8. Now round these numbers to the nearest whole number to determine which segment to sample: 1, 65, 128, 192, 256, 319, and 383. 
* * * * * 
   32. In § 761.253, by revising paragraph (a) to read as follows:
§ 761.253 Chemical Analysis
(a) Select applicable method(s) from the following list to extract PCBs and determine the PCB concentration from the standard wipe sample collection medium: SW-846 Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all standards incorporated by reference in §761.19). Modifications to the methods listed in this paragraph or alternative methods not listed may be used if validated under Subpart Q of this part or authorized in a § 761.61(c) approval.
* * * * *
Subpart N -- Cleanup Site Characterization Sampling for PCB Remediation Waste in Accordance with § 761.61(a)(2) 
   33. In § 761.267, by revising paragraph (a) to read as follows:
§ 761.267 Sampling non-porous surfaces.
      (a) Sample large, nearly flat, non-porous surfaces by dividing the surface into roughly square portions approximately 2 meters on each side. Follow the procedures in § 761.302(a) with the exception of the sampling grid size. 
      * * * * * 
   34. By revising § 761.272 to read as follows:
§ 761.272 Chemical extraction and analysis of samples
      Select applicable method(s) from the following list to extract PCBs and determine the PCB concentration from individual and composite samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C, Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all standards incorporated by reference in §761.19). Modifications to the methods listed in this paragraph or alternative methods not listed may be used if validated under Subpart Q of this part or authorized in a 40 CFR 761.61(c) approval.
      * * * * * 
Subpart O -- Sampling to Verify Completion of Self-Implementing Cleanup and On-site Disposal of Bulk Remediation Waste and Porous Surfaces in Accordance with § 761.61(a)(6)
35. By revising § 761.292 to read as follows:
§ 761.292 Chemical extraction and analysis of individual samples and composite samples.
      Select applicable method(s) from the following list to extract PCBs and determine the PCB concentration from individual and composite samples of PCB remediation waste: SW-846 Method 3510C, Method 3520C, Method 3535A, Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all standards incorporated by reference in §761.19). Modifications to the methods listed in this paragraph or alternative methods not listed may be used if validated under Subpart Q of this part or authorized in a 761.61(c) approval.
      * * * * * 
Subpart P -- Sampling Non-Porous Surfaces for Measurement-Based Use, Reuse, and On-site or Off-Site Disposal Under § 761.61(a)(6) and Determination Under § 761.79(b)(3) 
      * * * * * 
   35. By revising § 761.314 to read as follows:
§ 761.314 Chemical analysis of standard wipe test samples. 
      Perform the chemical analysis of standard wipe test samples in accordance with §761.27253. Report sample results in micrograms per 100 cm[2].
      * * * * *
Subpart Q -- Self-Implementing Alternative Extraction and Chemical Analysis Procedures for Non-liquid PCB Remediation Waste Samples
      * * * * * 
Subpart R -- Sampling Non-Liquid, Non-Metal PCB Bulk Product Waste for Purposes of Characterization for PCB Disposal in Accordance with § 761.62, and Sampling PCB Remediation Waste Destined for Off-Site Disposal, in Accordance With § 761.61
   36. By revising § 761.358 to read as follows:
§ 761.358 Determining the PCB concentration of samples of waste.
      Select applicable method(s) from the following list to extract PCBs and determine the PCB concentration from individual and composite samples of PCB remediation waste or PCB bulk product waste: SW-846 Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all standards incorporated by reference in §761.19). Modifications to the methods listed in this paragraph or alternative methods not listed may be used if validated under subpart Q of this part or authorized in a 761.61(c) or 761.62(c) approval.
      * * * * * 
Subpart S -- Double Wash/Rinse Method for Decontaminating Non-Porous Surfaces 
      * * * * * 
Subpart T -- Comparison Study for Validating a New Performance-Based Decontamination Solvent Under § 761.79(d)(4)
   37. In § 761.386, by revising paragraph (e) to read as follows:
§ 761.386 Required experimental conditions for the validation study and subsequent use during decontamination.
      * * * * * 
      (e) Confirmatory sampling for the validation study. Select surface sample locations using representative sampling or a census. Sample a minimum area of 100 cm[2] on each individual surface in the validation study. Measure surface concentrations using the standard wipe test, as defined in § 761.123, from which a standard wipe sample is generated for chemical analysis. Guidance for wipe sampling appears in the document entitled "Wipe Sampling and Double Wash/ Rinse Cleanup as Recommended by the Environmental Protection Agency PCB Spill Cleanup Policy," available on EPA's Web site at http://www.epa.gov/pcbs, or from the Program Implementation and Information Division, Office of Resource Conservation and Recovery (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 - 0001
      * * * * *
   38. In § 761.395, by revising paragraph (b)(1) to read as follows:
§ 761.395 A validation study.
      * * * * * 
      (b) * * * 
      (1) 
      Select applicable method(s) from the following list to extract PCBs and determine the PCB concentration from the standard wipe sample collection medium: SW-846 Method 3540C, Method 3541, Method 3545A, Method 3546, Method 8082, Method 8082A, Method 8275A, or CWA Method 1668C (all standards incorporated by reference in §761.19). Modifications to the methods listed in this paragraph or alternative methods not listed may be used if validated under subpart Q of this part.
      * * * * * 








1. Submitter Information


2. Facility EPA ID Number

3. Facility Name and Address


4. Reporting Calendar Year

5. Facility Type

6. Technology Type (all 
that apply)



7. PCB Waste in Storage at the Beginning of the Calendar Year



8. PCB Waste Received and Generated During the Calendar Year
                                       
                                       
                 United States Environmental Protection Agency
                               PCB ANNUAL REPORT
                             40 CFR 761.180(b)(3)
                                       
                                       

Name: _____________________________  Job Title: _____________________________ Phone Number: _____________________  Email Address: ________________________



EPA ID Number: ______________________________



Name: ___________________________________________________________________
Street Address: ____________________________________________________________
City: ___________________________   State: _______    Zip Code: _________________


Calendar Year: _____________



     Commercial Storer         Disposer       Both


  Incinerator       Chemical Dechlorination       Chemical Waste Landfill
  High Efficiency Boiler       Scrap Metal Recovery Oven                                          Fluorescent Light Ballast Recycler     PCB Electrical Cable Processing for Metal Recovery     PCB Transformer Decommissioning    Pipeline and Compressor Systems Decontamination      Other__________________________________________________________________



                     Large Low and High Voltage Capacitors
                              Article Containers
                                 Transformers
                                     Bulk
                                  Containers
                                     Other
Weight (kg)
                                       
                                       
                                       
                                       
                                       
                                       
Total Number
                                       
                                       
                                       
                                      N/A
                                       
                                       
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(1)

                     Large Low and High Voltage Capacitors
                              Article Containers
                                 Transformers

                                   Received
                                   Generated
                                   Received
                                   Generated
                                   Received
                                   Generated
Weight (kg)
                                       
                                       
                                       
                                       
                                       
                                       
Total Number
                                       
                                       
                                       
                                       
                                       
                                       











9. PCB Waste Transferred to Another Facility During the Calendar Year




10. PCB Waste Disposed of at the Facility During the Calendar Year




11. PCB Waste in Storage at the Facility at the end of the Calendar Year




Additional
Information



(2)

                                     Bulk
                                  Containers
                                     Other

                                   Received
                                   Generated
                                   Received
                                   Generated
                                   Received
                                   Generated
Weight (kg)
                                       
                                       
                                       
                                       
                                       
                                       
Total Number
                                      N/A
                                      N/A
                                       
                                       
                                       
                                       





                     Large Low and High Voltage Capacitors
                              Article Containers
                                 Transformers
                                     Bulk
                                  Containers
                                     Other
Weight (kg)
                                       
                                       
                                       
                                       
                                       
                                       
Total Number
                                       
                                       
                                       
                                      N/A
                                       
                                       





                     Large Low and High Voltage Capacitors
                              Article Containers
                                 Transformers
                                     Bulk
                                  Containers
                                     Other
Weight (kg)
                                       
                                       
                                       
                                       
                                       
                                       
Total Number
                                       
                                       
                                       
                                      N/A
                                       
                                       





                     Large Low and High Voltage Capacitors
                              Article Containers
                                 Transformers
                                     Bulk
                                  Containers
                                     Other
Weight (kg)
                                       
                                       
                                       
                                       
                                       
                                       
Total Number
                                       
                                       
                                       
                                      N/A
                                       
                                       



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EPA Form XXXX
EPA Form XXXX

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INSTRUCTIONS FOR FILLING OUT THE PCB ANNUAL REPORT FORM
______________________________________________________________________________
Who Must Use this Form

Owners or operators of facilities who dispose of or commercially store PCB waste are required to submit a PCB Annual Report for that calendar year (40 CFR 761.180). Owners or operators of facilities who dispose of or commercially store PCB waste are required to use this form to submit the information. 

Purpose of this Form

This form is made available to owners and operators of facilities who dispose of or commercially store PCB waste. Such facilities are required to submit information on PCB waste in storage at the beginning of the calendar year, received, generated, transferred, and disposed during the calendar year, and in storage at the end of the calendar year. For more information on the reporting requirements, please refer to 40 CFR 761.180.

Where to Send this Form

Owners or operators of facilities who dispose of or commercially store PCB waste should print the completed form, with any applicable attachments, and mail or email it to the EPA Headquarters Office at 1200 Pennsylvania Ave NW MC: 5303P, Washington DC 20460.

How to Fill out this Form

Please pay attention to the following notes when completing this form:

 Please fill out all sections of the form, even if they are not applicable to your facility. For example, if your facility did not dispose of any PCB waste, enter "0" for all items in section number 10 instead of leaving those fields blank. Please note that negative values are not valid. 

 Enter both received and generated values for Item 8, not one combined value. 
      
 Refer to Attachment A for definitions of PCB waste categories.

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If you have any questions regarding this form, please contact your EPA Regional Coordinator or EPA Headquarters.
                    ATTACHMENT A TO PCB ANNUAL REPORT FORM
               Select Definitions of PCB Waste from 40 CFR 761.3
______________________________________________________________________________
Large high voltage capacitor means a capacitor which contains 1.36 kg (3 lbs.) or more of dielectric fluid and which operates at 2,000 volts (AC or DC.) or above.

Large low voltage capacitor means a capacitor which contains 1.36 kg (3 lbs.) or more of dielectric fluid and which operates below 2,000 volts (AC or DC).

PCB Article Container means any package, can, bottle, bag, barrel, drum, tank, or other device used to contain PCB Articles or PCB Equipment, and whose surface(s) has not been in direct contact with PCBs.

      PCB Article means any manufactured article, other than a PCB Container, that contains PCBs and whose surface(s) has been in direct contact with PCBs. "PCB Article" includes capacitors, transformers, electric motors, pumps, pipes and any other manufactured item (1) which is formed to a specific shape or design during manufacture, (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the PCB Article.

      PCB Equipment means any manufactured item, other than a PCB Container or a PCB Article Container, which contains a PCB Article or other PCB Equipment, and includes microwave ovens, electronic equipment, and fluorescent light ballasts and fixtures.

PCB Transformer means any transformer that contains >=500 ppm PCBs. For PCB concentration assumptions applicable to transformers containing 1.36 kilograms (3 lbs.) or more of fluid other than mineral oil, see § 761.2. For provisions permitting reclassification of electrical equipment, including PCB Transformers, containing >=500 ppm PCBs to PCB-Contaminated Electrical Equipment, see § 761.30(a) and (h).

PCB Container means any package, can, bottle, bag, barrel, drum, tank, or other device that contains PCBs or PCB Articles and whose surface(s) has been in direct contact with PCBs.

Bulk PCB Waste means waste that is classified as either PCB Remediation Waste or PCB Bulk Product Waste (see those definitions below). 

PCB Bulk Product Waste means waste derived from manufactured products containing PCBs in a non-liquid state, at any concentration where the concentration at the time of designation for disposal was >=50 ppm PCBs. PCB bulk product waste does not include PCBs or PCB Items regulated for disposal under §§ 761.60(a) through (c), 761.61, 761.63, or 761.64. PCB bulk product waste includes, but is not limited to:
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      (1) Non-liquid bulk wastes or debris from the demolition of buildings and other manmade structures manufactured, coated, or serviced with PCBs. PCB bulk product waste does not include debris from the demolition of buildings or other man-made structures that is contaminated by spills from regulated PCBs which have not been disposed of, decontaminated, or otherwise cleaned up in accordance with subpart D of this part.
      
      (2) PCB-containing wastes from the shredding of automobiles, household appliances, or industrial appliances.
      
      (3) Plastics (such as plastic insulation from wire or cable; radio, television and computer casings; vehicle parts; or furniture laminates); preformed or molded rubber parts and components; applied dried paints, varnishes, waxes or other similar coatings or sealants; caulking; adhesives; paper; Galbestos; sound deadening or other types of insulation; and felt or fabric products such as gaskets.
      
      (4) Fluorescent light ballasts containing PCBs in the potting material.

PCB Remediation Waste means waste containing PCBs as a result of a spill, release, or other unauthorized disposal, at the following concentrations: 

 Materials disposed of prior to April 18, 1978, that are currently at concentrations >= 50 ppm PCBs, regardless of the concentration of the original spill; 
 Materials which are currently at any volume or concentration where the original source was >= 500 ppm PCBs beginning on April 18, 1978, or >= 50 ppm PCBs beginning on July 2, 1979; and 
 Materials which are currently at any concentration if the PCBs are spilled or released from a source not authorized for use under this part. 
      
   PCB remediation waste means soil, rags, and other debris generated as a result of any PCB spill cleanup, including, but not limited to: 
   
 Environmental media containing PCBs, such as soil and gravel; dredged materials, such as sediments, settled sediment fines, and aqueous decantate from sediment. 
 Sewage sludge containing < 50 ppm PCBs and not in use according to § 761.20(a)(4); PCB sewage sludge; commercial or industrial sludge contaminated as the result of a spill of PCBs including sludges located in or removed from any pollution control device; aqueous decantate from an industrial sludge. 
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Buildings and other man-made structures (such as concrete floors, wood floors, or walls contaminated from a leaking PCB or PCB-Contaminated Transformer), porous surfaces, and non-porous surfaces.  
                                               United States
    USEPA	Environmental Protection Agency
                                            Washington, DC 20460

      Form Approved OMB No. 2070-0112
                      Notification	of	PCB	Activity
   For more information, contact ORCRPCBs@epa.gov

 Return To:
           Document Control Officer (5305P) Office of Solid Waste
           U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, DC 20460-0001
              For Official Use Only


1. Name of Facility
 Name of Owner Facility
 2. EPA Identification Number (if already assigned under RCRA)
3. Facility Mailing Address (Street or PO Box, City, State, & Zip Code)
 4. Location of Facility (No. Street, City, State, & Zip Code)
5. Installation Contact (Name and Title)
 Type of PCB Activity (Mark `X' in appropriate box. See Instructions.)
   A. Generator w/on-site storage facility	B. Storer (Commercial)
   C. Transporter	D. R&D/Treatability
                          E. Approved Disposer	F. Scrap Metal Recovery Oven/Smelter, High Efficiency Boilers
Telephone Number (Area Code and Number) and Email Address 

  7. Certification

  Under civil and criminal penalties of law for the making or submission of false or fraudulent statements or representations (18 U.S.C. 1001 and 15 U.S.C. 2615), I certify that the information contained in or accompanying this document is true, accurate, and complete. As to the identified section(s) of this document for which I cannot personally verify truth and accuracy, I certify as a company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate, and complete.
Signature
 Name and Official Title (Type of Print)
Date Signed
                                Paperwork Reduction Act Notice
   The annual public burden for this collection of information is estimated to average 0.6 hours per response. This estimate includes time for reading instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden to: Director, Collection Strategies Division,
   U.S. Environmental Protection Agency (mail code 2822), 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460-0001. Include the OMB number identified above in any correspondence.
   Do not send the completed form to this address. The actual information or form should be submitted in accordance with the instructions accompanying the form, or as specified in the corresponding regulations.
 EPA Form 7710-53 (Rev. MM/YY)
 Previous editions are obsolete.
           Item-by-Item Instructions for Completing EPA Form 7710-53
 
 Return completed form to:
 Document Control Officer (5305P) 
ATTN: PCB Notification
 Office of Resource Conservation and Recovery
 U.S. Environmental Protection Agency 
 1200 Pennsylvania Ave., N.W. Washington, DC 20460-0001
 
 For more information, contact ORCRPCBs@epa.gov
 No information on the form may be claimed confidential.

 Type or print in black ink all items, except Item VII, "Certification." If you must use additional sheets, indicate clearly the number of the item on the form to which the information on the separate sheet applies.

 Item 1 -- Name of facility: Enter the name of the facility and the name of the owner of the facility.

 Item 2 -- EPA identification number (if already assigned under RCRA): Enter the identification number the facility was assigned under the RCRA hazardous waste notification regulations. If no identification number has been assigned, leave this space blank. A notifier may use their RCRA Identification number prior to receipt of written verification from EPA once they have confirmed that EPA is in receipt of their PCB notification form. Confirmation of receipt of the form may be accomplished by submitting it through the U.S. mail -- return receipt requested, telephoning to confirm receipt of mail or facsimile, commercial overnight carrier's delivery verification processes, or any other manner in which the submitter can demonstrate in that the form was received by EPA Headquarters.

 Items 3 and 4 -- Facility mailing address and location: Complete Items III and IV. Please note that the address you give in Item IV, "Location of Facility," must be a physical address, not a post office box or route number. If the mailing address and physical location are the same, you may enter "Same" in Item IV. If the facility is a mobile incinerator, you may enter "mobile" in Item IV, and provide the mailing address for the installation contact in Item III.

 Item 5 -- Installation contact: Enter the name, title, email address and business telephone number of the person who should be contacted regarding information submitted on this form.

 Item 6 -- Type of PCB activity: Mark the appropriate box(es) to show which PCB activities are taking place at this facility.

 Generator with on-site storage facility: You are a generator with an on-site storage facility under this notification requirement if you are a user, owner, or processor of PCBs or PCB items and you maintain your own storage facilities subject to 40 CFR 761.65(b) or (c)(7) for PCBs. If you are a generator with an on-site storage facility, mark an "X" in this box.

 Commercial Storer: You are a commercial storer if you own or operate a storage facility which is subject to the storage facility standards of 40 CFR 761.65(b) or (c)(7), and which engages in off-site storage activities involving the PCB wastes generated by others. Most commercial storers of PCB waste perform waste storage services in exchange for a fee or other compensation, but the receipt of compensation is not necessary for your storage facility to qualify as a commercial storer of PCB wastes generated by others. See definition of commercial storer in 40 CFR 761.3. If you are a commercial storer, mark an "X" in this box.

        Transporter: If you move PCBs by air, rail, highway, or water, then mark an "X" in this box.

 R&D/Treatability: If you are engaged in conducting R&D into PCB disposal technologies and cannot accept waste on a commercial scale, mark an "X" in this box. You should also check this box if you conduct treatability studies even though you may have marked the "Approved Disposer" box.

 Approved Disposer: If you currently hold a valid EPA permit to dispose of PCBs in concentrations exceeding 50 ppm in a landfill, through alternative technology or incineration, mark an "X" in this box.

 Scrap Metal Recovery Oven/Smelter, High Efficiency Boilers: If you operate a device to dispose of PCBs, or if you dispose of PCBs in compliance with Section 761.71 (i.e., high efficiency boilers) or Section 761.72 (i.e., scrap metal recovery oven/smelter), mark an "X" in this box.

 Item 7 -- Certification: This certification must be signed by the owner, operator, or an authorized representative of the facility. An "authorized representative" is a person responsible for the overall operation of the facility (i.e., a plant manager or superintendent, or a person of equal responsibility). All notifications must include this certification to be complete.
EPA Form 7710-53 Reverse (Rev. 3/08)
